CHAPTER 8812. VICTORIA COUNTY GROUNDWATER CONSERVATION DISTRICT - Texas Statutes

SPECIAL DISTRICT LOCAL LAWS CODE

TITLE 6. WATER AND WASTEWATER

SUBTITLE H. DISTRICTS GOVERNING GROUNDWATER

CHAPTER 8812. VICTORIA COUNTY GROUNDWATER

CONSERVATION DISTRICT

For contingent expiration of this chapter, see Sec. 8812.003.

SUBCHAPTER A. GENERAL PROVISIONS

Sec. 8812.001. DEFINITIONS. In this chapter:

(1) "Board" means the board of directors of the district.

(2) "Director" means a member of the board.

(3) "District" means the Victoria County Groundwater

Conservation District.

Added by Acts 2005, 79th Leg., Ch.

661, Sec. 1, eff. September 1, 2005.

Sec. 8812.002. NATURE OF DISTRICT. The district is a

groundwater conservation district in Victoria County created

under and essential to accomplish the purposes of Section 59,

Article XVI, Texas Constitution.

Added by Acts 2005, 79th Leg., Ch.

661, Sec. 1, eff. September 1, 2005.

Sec. 8812.003. CONFIRMATION ELECTION REQUIRED. If the creation

of the district is not confirmed at a confirmation election held

before September 1, 2010:

(1) the district is dissolved on September 1, 2010, except that:

(A) any debts incurred shall be paid;

(B) any assets that remain after the payment of debts shall be

transferred to Victoria County; and

(C) the organization of the district shall be maintained until

all debts are paid and remaining assets are transferred; and

(2) this chapter expires on September 1, 2013.

Added by Acts 2005, 79th Leg., Ch.

661, Sec. 1, eff. September 1, 2005.

Sec. 8812.004. INITIAL DISTRICT TERRITORY. The initial

boundaries of the district are coextensive with the boundaries of

Victoria County, Texas.

Added by Acts 2005, 79th Leg., Ch.

661, Sec. 1, eff. September 1, 2005.

Sec. 8812.005. APPLICABILITY OF OTHER GROUNDWATER CONSERVATION

DISTRICT LAW. Except as otherwise provided by this chapter,

Chapter 36, Water Code, applies to the district.

Added by Acts 2005, 79th Leg., Ch.

661, Sec. 1, eff. September 1, 2005.

SUBCHAPTER A-1. TEMPORARY PROVISIONS

For expiration of this subchapter, see Sec. 8812.026

Sec. 8812.021. APPOINTMENT OF TEMPORARY DIRECTORS. (a) Not

later than the 10th day after September 1, 2005, the Victoria

County Commissioners Court shall appoint five temporary directors

as follows:

(1) one temporary director shall be appointed from each of the

four commissioner precincts in the county to represent the

precinct in which the temporary director resides; and

(2) one temporary director who resides in the district shall be

appointed to represent the district at large.

(b) If there is a vacancy on the temporary board of directors of

the district, the remaining temporary directors shall select a

qualified person to fill the vacancy. If, at any time, there are

fewer than three qualified temporary directors, the Victoria

County Commissioners Court shall appoint the necessary number of

persons to fill all vacancies on the board.

(c) To be eligible to serve as a temporary director, a person

must be a resident of Victoria County and at least 18 years of

age.

(d) Temporary directors serve until the earlier of:

(1) the time the temporary directors become initial directors as

provided by Section 8812.024; or

(2) the date this chapter expires under Section 8812.003.

Added by Acts 2005, 79th Leg., Ch.

661, Sec. 1, eff. September 1, 2005.

Sec. 8812.022. ORGANIZATIONAL MEETING OF TEMPORARY DIRECTORS.

As soon as practicable after all the temporary directors have

qualified under Section 36.055, Water Code, a majority of the

temporary directors shall convene the organizational meeting of

the district at a location within the district agreeable to a

majority of the directors. If an agreement on location cannot be

reached, the organizational meeting shall be at the Victoria

County Courthouse. At the meeting, the temporary directors shall

elect a chair, vice chair, and secretary from among the temporary

directors.

Added by Acts 2005, 79th Leg., Ch.

661, Sec. 1, eff. September 1, 2005.

Sec. 8812.023. CONFIRMATION ELECTION. (a) Not later than the

30th day after September 1, 2005, the temporary board shall order

an election to be held not later than the 120th day after

September 1, 2005, to confirm the creation of the district.

(b) Section 41.001(a), Election Code, does not apply to a

confirmation election held as provided by this section.

(c) The ballot for the election must be printed to permit voting

for or against the following proposition: "The creation of the

Victoria County Groundwater Conservation District and the

imposition of an ad valorem tax in the district at a rate not to

exceed two cents for each $100 of assessed valuation."

(d) The temporary board may include any other proposition on the

ballot that it considers necessary.

(e) Except as provided by this section, a confirmation election

must be conducted as provided by Section 36.017(b)-(i), Water

Code, and the Election Code. The provision of Section 36.017(d),

Water Code, relating to the election of permanent directors does

not apply to a confirmation election under this section.

(f) If the creation of the district is not confirmed at a

confirmation election held under this section, the board may hold

another confirmation election not sooner than the first

anniversary of the most recent confirmation election.

Added by Acts 2005, 79th Leg., Ch.

661, Sec. 1, eff. September 1, 2005.

Sec. 8812.024. INITIAL DIRECTORS. (a) If creation of the

district is confirmed at an election held under Section 8812.023,

the temporary directors of the district become the initial

directors of the district and serve on the board of directors

until permanent directors are elected under Section 8812.025.

(b) The directors for county commissioner precincts one and

three serve until the first regularly scheduled election of

directors under Section 8812.025. The directors for precincts two

and four and the director at large serve until the second

regularly scheduled election of directors under Section 8812.025.

Added by Acts 2005, 79th Leg., Ch.

661, Sec. 1, eff. September 1, 2005.

Sec. 8812.025. INITIAL ELECTION OF PERMANENT DIRECTORS. On the

uniform election date prescribed by Section 41.001, Election

Code, in November of the first even-numbered year after the year

in which the creation of the district is confirmed at an election

held under Section 8812.023, an election shall be held in the

district for the election of two directors to replace the initial

directors who, under Section 8812.024(b), serve until that

election.

Added by Acts 2005, 79th Leg., Ch.

661, Sec. 1, eff. September 1, 2005.

Sec. 8812.026. EXPIRATION OF SUBCHAPTER. This subchapter

expires September 1, 2013.

Added by Acts 2005, 79th Leg., Ch.

661, Sec. 1, eff. September 1, 2005.

SUBCHAPTER B. BOARD OF DIRECTORS

Sec. 8812.051. DIRECTORS; TERMS. (a) The district is governed

by a board of five directors.

(b) Directors serve staggered four-year terms.

Added by Acts 2005, 79th Leg., Ch.

661, Sec. 1, eff. September 1, 2005.

Sec. 8812.052. METHOD OF ELECTING DIRECTORS: COMMISSIONERS

PRECINCTS. (a) The directors of the district shall be elected

according to the commissioners precinct method as provided by

this section.

(b) One director shall be elected by the voters of the entire

district, and one director shall be elected from each county

commissioners precinct by the voters of that precinct.

(c) Except as provided by Subsection (e), to be eligible to be a

candidate for or to serve as director at large, a person must be

at least 18 years of age and a resident of the district. To be a

candidate for or to serve as director from a county commissioners

precinct, a person must be at least 18 years of age and a

resident of that precinct.

(d) A person shall indicate on the application for a place on

the ballot:

(1) the precinct that the person seeks to represent; or

(2) that the person seeks to represent the district at large.

(e) When the boundaries of the county commissioners precincts

are redrawn after each federal decennial census to reflect

population changes, a director in office on the effective date of

the change, or a director elected or appointed before the

effective date of the change whose term of office begins on or

after the effective date of the change, shall serve in the

precinct to which elected or appointed even though the change in

boundaries places the person's residence outside the precinct for

which the person was elected or appointed.

Added by Acts 2005, 79th Leg., Ch.

661, Sec. 1, eff. September 1, 2005.

Sec. 8812.053. ELECTION DATE. The district shall hold an

election to elect the appropriate number of directors on the

uniform election date prescribed by Section 41.001, Election

Code, in November of each even-numbered year.

Added by Acts 2005, 79th Leg., Ch.

661, Sec. 1, eff. September 1, 2005.

Sec. 8812.054. VACANCIES. A vacancy on the board shall be

filled by appointment of the board until the next regularly

scheduled directors' election. The person appointed to fill the

vacancy shall serve only for the remainder of the unexpired term.

Added by Acts 2005, 79th Leg., Ch.

661, Sec. 1, eff. September 1, 2005.

SUBCHAPTER C. POWERS AND DUTIES

Sec. 8812.101. PROHIBITION ON DISTRICT USE OF EMINENT DOMAIN.

The district may not exercise the power of eminent domain.

Added by Acts 2005, 79th Leg., Ch.

661, Sec. 1, eff. September 1, 2005.

SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS

Sec. 8812.151. LIMITATION ON TAXES. The district may not impose

ad valorem taxes at a rate that exceeds two cents on each $100 of

assessed valuation of taxable property in the district.

Added by Acts 2005, 79th Leg., Ch.

661, Sec. 1, eff. September 1, 2005.